What is the time limit for investigating a minor accident? Time frame for investigating an industrial accident - law, features and requirements

G. I. POMOGAEV

deputy Head of the State Labor Inspectorate in Moscow

Note! The severity of the injury is determined at the request of the employer or state labor inspector only by expert commissions of medical institutions where the victim is treated

Previously, we talked about what kind of industrial accidents are subject to investigation, how a manager should behave after receiving information about an accident, how an accident investigation commission is formed and how it works.
Today, continuing this topic, we will talk about the timing of the accident investigation.
Investigations of accidents that occurred in an organization or at an employer - an individual are carried out within the time limits established by Art. 229 of the Labor Code of the Russian Federation and clause 19 of the Regulations on the peculiarities of the investigation of industrial accidents in certain industries and organizations, approved. Resolution of the Ministry of Labor of Russia dated October 24, 2002 No. 73.

The duration of the investigation depending on the severity of the injury

Depending on the circumstances of the incident and the nature of the damage to the health of the victims, the investigation of accidents (including group ones), as a result of which the victims received injuries classified as mild in accordance with the established qualifying criteria, is carried out within three calendar days.
Investigation of other accidents is carried out within 15 calendar days.
If there are circumstances that objectively impede the completion of the investigation (remoteness of the accident site, the need to obtain additional medical or other documents for the conclusion, etc.), the established deadlines may be extended by the chairman of the commission conducting the investigation of the accident, but by no more than 15 calendar days.
The time frame for investigations of serious accidents, group accidents with serious consequences and fatal accidents in the case of additional medical, technical and other examinations, as well as in the presence of other objective reasons, is extended by the head of the body, the representative of which is the official heading the commission.

For example: if the chairman of the commission is a state labor inspector, then the decision to further extend the investigation period is made by the head of the State Labor Inspectorate in the constituent entity of the Russian Federation.

The prosecutor's office must be informed of any additional extension of the investigation period.
Accidents that were not promptly reported to the employer (his representative) or as a result of which disability did not occur immediately are investigated in the prescribed manner upon the application of the victim or his authorized representative within one month from the date of receipt of the said application.
If the organization is liquidated or the form of its ownership has changed (without maintaining legal succession), then the investigation is carried out at the request of the victim (his authorized representative) by a state labor inspector with the participation of representatives of the relevant executive body of the insurer (at the place of registration of the previous insurer) and the territorial association of trade union organizations (if the victim was a member of the trade union).
The time frame for investigating industrial accidents is calculated in calendar days from the date the employer issues an order to form a commission to investigate the accident.

Establishing a connection between an accident and production

After the investigation is completed, the circumstances and causes of the accident are determined, as well as the persons who committed violations of labor protection requirements, based on the collected materials, the commission must decide the question: were the actions of the victim at the time of the accident due to labor relations with the employer or his participation in labor activities. Depending on this, she must qualify the accident, that is, determine whether it is an industrial accident or not related to production.

A., an employee of a trading company whose job responsibilities included the maintenance and repair of air conditioners, during working hours repaired the air conditioner in the apartment where his friend lived. During repairs, A. received an electrical injury. From the received explanations of the victim and officials it followed that this work was carried out on his personal initiative and was not related to his main job. Thus, this accident is classified as not related to production.

The fact of poisoning (intoxication) must be confirmed by the conclusion of a medical institution

If the accident is classified as production-related, then an accident report of form N-1 (N-1PS) is drawn up for each victim in two copies. In case of an accident with the insured, an additional copy of act N-1 (N-1 PS) is drawn up. If an accident is classified as not related to production, a free-form report is drawn up

By decision of the commission (or the state labor inspector, if the investigation is carried out solely by the inspector), the following may be classified as not related to production:
- death due to a general illness or suicide, confirmed in the prescribed manner by a health care institution or investigative authorities;
- death or damage to health, the sole cause of which was alcohol, narcotic or other toxic intoxication (poisoning), not associated with violations of technological processes where alcohols, narcotic substances, aromatic and other toxic substances are used.

A mechanic at an industrial enterprise, while repairing a container that previously contained organic solvents, including alcohols, received toxic poisoning. At the same time, the presence of alcohol was detected in the victim’s blood. During the investigation, it was established that the tank equipment and pipelines were not cleaned, washed and prepared for repairs before the start of repairs. The worker was not provided with respiratory protection and, being in the tank itself for a long time during repairs, received alcohol poisoning during the work process by inhaling alcohol vapor. The commission classified the accident as work-related.

In the event of an accident that occurred when the victim committed actions qualified by law enforcement agencies as a criminal offense (crime), for example, established hooliganism on the part of the victim, the commission (or state labor inspector) makes a decision only upon receipt of official documents (decrees, decisions) qualifying the specified actions. Until the said resolution (decision) is received, the chairman of the commission temporarily suspends the processing of accident investigation materials.
If disagreements arise between members of the commission during the investigation of an accident (about its causes, persons who committed violations that led to the accident, qualifications, etc.), the decision is made by a majority vote. At the same time, members of the commission who do not agree with the decision made sign an act outlining and justifying their dissenting opinion. A document stating a dissenting opinion is attached to the accident investigation materials.
The acts are signed by members of the commission and approved by the employer or his authorized representative, certified by a seal, and also registered in the register of industrial accidents.
The employer (or his authorized representative) within three days after approval of the act is obliged to give one copy to the victim, the victim’s relatives or his authorized representative (at their request).
The second copy of the accident report (with other investigation materials) is stored in the archives of the organization at the victim’s place of work for 45 years. In case of insured accidents, the employer sends the third copy of the act to the executive body of the insurer (at the place of registration as an insured).
Timely and high-quality investigation of accidents is extremely important not only for eliminating the causes of possible accidents, but also for the further implementation of social insurance payments against industrial accidents for the purpose of medical, social and professional rehabilitation of victims.

From this article you will learn everything about investigating and recording industrial accidents: the basics of classifying incidents, who to include in the commission, how long it has been working, what documentation to fill out, what regulatory documents to follow. As well as the causes of accidents at work and the procedure for investigating occupational diseases.

So, let's begin …

Accidents: definitions, classification, causes

1. Basic definitions

Federal Law No. 125 of June 24, 1998 calls accident at work an event that led to a deterioration in the health of the insured and:

— loss of working capacity (partially or completely, temporarily or permanently);
— the emergence of a need to perform work in another profession or specialty (temporarily or permanently);
or to death.

Work-related injuries are injuries that occur:

- when the victim performs a production task at an enterprise, organization or outside its territory;
— while in the transport of the insured organization (for example, on the way to work, home).

This Law refers only to employees insured by the Fund. However, the procedure for investigating accidents at work established by the Labor Code of the Russian Federation applies to all persons working under the instructions or orders of employers, regardless of the availability of insurance.

″ How to determine who is to blame accident?

First of all, the accident investigation commission identifies persons who violated state labor protection requirements. But the investigative authorities, and ultimately the court, determine the persons guilty of certain offenses. Watch the video answering this question:

2. How to classify accidents?

Accidents may be related or not related to production

2.1 Accidents are associated with production. These are the NS that occurred:

- when carrying out orders issued by employers during working or non-working hours;
— at the time of servicing (cleaning, lubrication, other maintenance) of production equipment, compliance with the internal rules established in the organization;
- during the transportation of workers by transport that belongs to the employer or is used in his interests (there is an agreement with the owner of this transport);
- on a business trip, when working on a rotational basis, on a ship and under other similar circumstances;
— in the course of work designed to prevent accidents, accidents, disasters at the employer’s facilities or mitigate their consequences;

2.2 Accidents are not associated with production.

This is injury or death that occurred solely due to alcohol intoxication or toxic poisoning and during illegal actions. This category includes suicides, as well as deaths that are caused by exacerbations of common diseases.

In case of injury to an employee insured by the Fund, the NS is insurance. The first 2 days of incapacity for work under these NS are paid by the enterprise, the rest - by the Fund.

″ What should an occupational safety specialist do if an employee does not report a work-related injury in a timely manner?

The employee did not report the accident in a timely manner, and after some time the organization receives a sick leave note with the indication “Occupational injury” on it. According to the Labor Code of the Russian Federation, the employer is obliged to conduct an investigation of the accident. In this case, the employee must write a statement to the accident investigation commission or to the employer. The statement must indicate the nature of the injury, the date and time it was received and the fact that the employee did not report this incident in a timely manner. Based on the application, a commission is formed. According to the Labor Code, the investigation of the NS is carried out within 1 month from the date of receipt of the application.

3. Causes of accidents at work

The Labor Code of the Russian Federation identifies the main causes of accidents at work:

- falling while moving, from a height;
- loss of integrity of buildings and structures, which is accompanied by falling and scattering of parts and pieces;
— illegal actions of others;
— influence of extreme temperatures (frostbite, burns);
— asphyxia (entry into the respiratory tract of bulk materials, water, their compression);
— contact with biological objects;
— action of current;
— influence of radiation, etc.

Investigation of industrial accidents briefly: number and composition of the commission, timing, distribution of responsibilities

Number and composition of the commission

The NS is investigated by a commission consisting of at least 3 people who have passed the appropriate test.

A commission consisting of representatives of:

- OT services of the enterprise (as an option - a third-party specialist engaged on a contractual basis);
- employer (chairman);
— trade union or other association of workers.

The circumstances and causes of single and group severe and fatal NS are investigated by a commission, which, in addition to these 3 persons, includes:

— state labor inspector;
— employee of federal or local self-government bodies (chairman);
— representative of the territorial trade union association;
- Foundation employee.

The commission cannot include persons responsible for occupational safety in this area and immediate supervisors of work.

Time frames for investigating industrial accidents

The procedure for investigating accidents at work allocates for the work of the commission:

- for NS with a mild outcome - 3 days;
- in case of NS with severe consequences, death - 15 days;
- for hidden accidents, as well as those about which the employer was notified at the wrong time or when the consequences appeared after some time - 1 month.

If you need to obtain expert and medical opinions, information from investigative bodies, etc., the time frame for investigating industrial accidents increases. This decision is made by the chairman of the commission, the investigation is extended for no more than 15 days, if there is a court decision - for a longer period (no more than 15 days).

Investigation procedure

The main points of the procedure for investigating accidents at work are established by Art. 229.2 Labor Code of the Russian Federation.

Employers organize the investigation and recording of industrial accidents. They:

— approve the composition of the commission by order or regulation;
— notify the organizations specified in the Labor Code of the Russian Federation about the NS, and then about its consequences;
— provide premises, materials, vehicles, communications, protective clothing, etc.;
— organize the delivery of commission members to sites, photo and video shooting, drawing up maps, drawings, etc.;
— notify relatives or close people of victims about severe and fatal emergency situations.

Commission:

— studies the circumstances of the injury and documents them;
— interviews eyewitnesses and witnesses;
— requests and studies the opinions of experts, doctors, and other documentation;
— if necessary, extends the period of investigation of an industrial accident;
— studies documentation on occupational safety: training materials, copies of certificates, documents on the issuance of workwear, safety footwear, protective equipment, etc.
— identifies the causes of an accident at work;
— determines violated OT requirements;
— develops measures that will help eliminate these violations;
— identifies violators;
— connects the NS with production (or does not connect);
— together with the trade union, determines the percentage of guilt of the victims who will receive payments from the Fund;
— names the organization that should register the tax;
— draws up investigation materials, organizes their transfer for storage to the employer.

Investigation and recording of industrial accidents: paperwork

Based on the results of the investigation, the following are drawn up:

— act N-1: 1 copy – for the victim, 2 – for the employer, 3 – for the Fund. For victims uninsured by the Fund, there is no need to make a third copy. The number of acts for group NS is determined according to the principle: number of acts N-1 = number of victims. The employer keeps the documents for at least 45 years;
- investigation materials. These are: orders on organizing the work of the commission, protocols for examining incident sites, interviewing victims, photographs, videos, expert opinions, extracts, etc.

Investigation of industrial accidents briefly: what should an occupational safety specialist (organization manager) do?

Upon receiving information about an injury, the occupational health professional should:

— make sure that the victim received first aid and was transported to the hospital;
— make sure that the NS location is preserved in its original form (if possible). Otherwise, photographs, a sketch or video recording must be taken;
— make sure that information about the incident is transferred to the appropriate organizations, or organize its transfer;
— prepare a draft order to appoint a commission to investigate the National Assembly;
— organize the provision of requested materials on occupational safety;
— monitor the implementation of the measures recommended by the commission;
— make sure that the necessary organizations are notified of the consequences of the accident.

Procedure for investigating occupational diseases

An occupational disease (OD) occurs due to the influence of at least 1 harmful factor (HF) of production on an employee, causing temporary or permanent disability or death. According to Federal Law No. 125, acute PZ occurs as a result of a single exposure to VF, chronic - as a result of its constant influence.

The procedure for investigating occupational diseases is established by Decree of the Government of the Russian Federation dated December 15, 2000 No. 967.

1. The victim goes to a health care institution, where he is given a preliminary diagnosis. This institution orders from the state sanitary and epidemiological supervision center a description of the working conditions of the sick person and sends him to the occupational pathology center, where after a full examination he is given a final diagnosis. The occupational pathology center informs the employer about this within 3 days.

2. Having received notification of the final diagnosis, the employer, within 10 days, organizes a commission to investigate the causes of the occupational disease. Its members include: the head physician of the state sanitary and epidemiological surveillance center (chairman), representatives of the occupational safety service, employer, health care institution, trade union, and other required specialists.

3. Commission:

— reviews the documentation submitted by the occupational pathology center and the OT service;
— identifies the causes of the onset of disease;
— identifies persons who violated the requirements of sanitary and epidemiological rules, etc.;
— develops recommendations for the prevention of similar problems;
— forms an act in 5 copies.

4. After the act, the employer, within 1 month, issues an order to implement the measures recommended by the commission.

This procedure for investigating occupational diseases is relevant for workers insured and uninsured by the Fund.

This article contains the main points of the investigation of accidents at work: the actions of the commissions for the investigation of safety and health regulations, occupational safety specialists of the enterprise, the employer are briefly listed, the main concepts of safety and health protection are highlighted, and links to the main regulatory documentation are provided.

They are established by Art. 229.1 Labor Code of the Russian Federation.

The investigation of an accident (including a group one), as a result of which one or more victims received minor injuries, is carried out by the commission within three days. An investigation into an accident (including a group one), as a result of which one or more victims suffered severe health damage, or an accident (including a group one) with a fatal outcome is carried out by the commission within 15 days (Part 1 of Article 229.1).

If it is necessary to conduct additional verification of the circumstances of the accident, obtain relevant medical and other conclusions, the periods specified in this article may be extended by the chairman of the commission, but not more than by 15 days. If it is not possible to complete the investigation of an accident within the established time frame due to the need to consider its circumstances in organizations carrying out examinations, bodies of inquiry, investigative bodies or in court, then the decision to extend the period of investigation of the accident is made in agreement with these organizations, bodies or taking into account the decisions they made (Part 3 of Article 229.1).

As follows from the above text, the investigation of a minor accident (including a group accident) is carried out by the commission within a period of no more than 3 days. Investigation of all other accidents listed in the second sentence of Part 1 of Art. 229.1, is carried out within no more than 15 days.

From this general rule, the chairman of the commission can make exceptions under certain circumstances - the investigation period is extended both beyond 3 days and beyond 15 days.

This can be done in the following cases:

a) if there is a need to conduct additional verification of the circumstances of the accident, obtain medical and other reports. In such cases, the chairman of the commission is given the right to extend the time frame for investigating the accident, but not more than by 15 days. The investigation period for a minor accident (including a group accident), therefore, can last 18 days, and for all other accidents - 30 days.

The question arises: what days are we talking about in Art. 229.1 - calendar or working? The answer to this question is in Art. 229.1 no. According to the established practice of the commissions, they determine the period for investigating accidents in working days;

b) when considering the circumstances of the accident in organizations carrying out examinations, inquiry bodies, investigative bodies or in court. In such cases, the decision to extend the investigation period is made by the chairman of the commission in agreement with the specified organizations, bodies or taking into account the decisions made by them.

Let's turn to Part 2 of Art. 229.1.

An accident that was not reported to the employer in a timely manner or as a result of which the victim’s incapacity for work did not occur immediately, is investigated in the manner established by this Code, other federal laws and other regulatory legal acts of the Russian Federation, at the request of the victim or his authorized representative within one months from the date of receipt of the said application.

As follows from the above text, under the circumstances specified in it, the investigation of the accident is organized by the employer (his representative). At the same time, questions arise.

Firstly, who is to blame for the fact that the employer (his representative) was not notified of the accident in a timely manner. If the administration employees knew about the accident (for example, they witnessed it) but did not immediately report it to the employer (his representative), then we are talking about concealing the accident - a phenomenon that has become widespread in the country.

In practice, as a rule, investigations are carried out in group, severe, fatal accidents: they cannot be hidden. Minor accidents that are not accompanied by any serious consequences for the victim are a different matter. In such situations, the accident is often not investigated, and shortcomings in labor protection are not eliminated, provoking new accidents. There are many ways to hide them. For example, a temporary transfer of the victim to so-called light work while preserving his average earnings; the victim goes on unpaid leave, accompanied by the provision of financial assistance, additional bonuses, and the provision of a free trip to a rest home.

Secondly. It is not clear why an accident that was not reported to the employer in a timely manner is investigated by the employer only upon the application of the victim or his authorized representative?

According to Part 3 of Art. 227 of the Labor Code of the Russian Federation, events are subject to investigation in the prescribed manner as a result of which the victims received injuries, other damage to health caused by the influence of external factors - resulting in the need to transfer the victims to another job, temporary or permanent loss of their ability to work, or the death of the victims. In Part 3 of Art. 227 of the Labor Code of the Russian Federation provides a rule that does not connect the investigation with the time of the event that led to the accident. Therefore, it appears that the employer (his representative) is obliged to investigate the accident, regardless of whether he learned about it immediately or after some time. After the employer (his representative) has reliably learned about the accident, he must take the initiative in investigating it in the manner established by the Labor Code of the Russian Federation. Otherwise, the accident will be covered up. In light of the above, it seems unreasonable to make the fate of the investigation dependent on whether the victim himself (his representative) reports or does not report the accident.

The production process is not always safe. In the event of an emergency, an employee risks losing his health or even dying. The legislation of the Russian Federation obliges employers to investigate such incidents at work and document the fact of the incident.

The concept of an accident, classification

Based on Federal Law No. 125 of July 24, 1998, a certain sequence of adverse events is recognized, leading to a violation of the employee’s normal state of health, expressed in the following:

• loss of performance (temporary or permanent, partial or complete);
• death of the subject.

Often, as a result of injuries, an employee is forced to transfer to a position with less difficult responsibilities.

The following are recognized as industrial injuries:

• injuries acquired by an employee while performing his official duties in a workshop or department.

• injuries sustained while in the company's transport.

Federal Law No. 125 applies only to insured employees. However, labor law provisions also provide guarantees for those individuals who work without insurance.

Labor legislation defines the main causes of injuries in the enterprise:

• falling from height;
• breakdown of the frames of the building and its structures, leading to the fall of building elements;
• illegal actions of colleagues or actions that do not comply with occupational safety regulations at the enterprise;
• frostbite or burns caused by exposure to temperatures;
• asphyxia. Difficulties with breathing are expected due to the ingress of powder mixtures and other elements foreign to the body used in the process of activity into the respiratory tract;
• interaction with biological and chemical components;
• influence of voltage, current, etc.

Classification of accidents

Emergency incidents at work are classified as work-related or non-work-related.

Industrial accidents include:

Incidents that are recognized as unrelated to production occur in fact:

• death due to non-productive clinical diagnosis or suicide. The cause of death is recorded by doctors and investigative structures;
• poisoning with toxic chemicals outside of work, resulting in death or poor health;
• violation of criminal law resulting in injury or death.

A specially formed commission is responsible for determining the classification type of accident. It takes into account all documentary evidence of the incident.

Procedure for investigating industrial accidents

The procedure in question is regulated by Art. 227 – art. 231 Labor Code of the Russian Federation. The process of organizing an investigation is charged to the company's management.

Based on Resolution of the Ministry of Labor of the Russian Federation No. 73 as amended on November 14, 2016, a person injured at work is obliged to notify his employer as soon as possible. That is, the injured subject must immediately go to the medical center.

When an employee has insurance, he may be entitled to a number of benefits that would be appropriate in such circumstances.

The employer must:

1. Determine the composition of the commission and approve it by appropriate order.
2. Notify the labor inspectorate about the incident and its consequences.
3. Provide, at the expense of the enterprise, inspection of premises, materials, transport, communications and other necessary attributes of the investigation.
4. Organize the movement of subjects on the commission between production departments, as well as provide them with all the required materials and personal protective equipment.
5. Inform the victim’s relatives about his work injury or death as a result of the incident.

The commission must collect all materials on a specific case and investigate it. In particular, the duties of the commission include:

1. Studying the circumstances of the employee’s injury and preparing the relevant documentation.
2. Interviewing witnesses to the incident.
3. Carrying out requests for all necessary documents from doctors and other required documentation.
4. If necessary, extend the investigation period.
5. Study of papers regulating safe labor processes. In particular, it means studying the employee’s behavior for compliance with labor protection provisions, checking the fact of his use of personal protective equipment, etc.
6. Identifying the cause of the incident, as well as developing a set of measures that will help eliminate problematic aspects of production.
7. Identification of the perpetrators.
8. Identification of the percentage of guilt of the victim in the incident. This action is carried out taking into account the opinion of the trade union.
9. Preparation of all investigation materials and transfer of them to the employer.

The documents drawn up by the commission are:

1. Incident report drawn up in 3 copies. One copy is provided to the victim, the second to the employer, and the third is intended for the Social Insurance Fund. If the subject does not have insurance, a third copy does not need to be made.
2. Case materials. This includes: an order to begin an investigation of the case by a commission, acts and protocols from the scene of the incident, documentary recording of interviews with victims and eyewitnesses, photographs, etc.

Payments to an employee following an accident

After conducting an investigation and establishing the fact of an accident in which the victim is innocent, he will be entitled to the following payments:

• lump sum/monthly amount;
• temporary disability benefits;
• compensation for the costs of treating a citizen in a hospital and subsequent rehabilitation.

The amounts are provided directly to the injured subject or, in the event of the death of the worker, to his relatives. In particular, relatives of a citizen are understood as:

• children (adopted or natural), including those who were born after the death of the employee;
• dependents unable to work;
• persons who lived with the deceased, but lost their ability to work within five years from the moment of his death.

In addition, funds can also be provided to spouses or guardians.

If during the investigation the commission revealed the direct fault of the employer in the incident, the employee may be assigned additional funds:

• on the basis of Art. 235 of the Labor Code of the Russian Federation, compensation for material damage;
• based on Art. 237 of the Labor Code of the Russian Federation, compensation for moral damage;
• in accordance with Art. 1084 of the Civil Code of the Russian Federation, compensation for lost earnings.

Other financial support is not provided for by law. However, such a provision may be contained in the text of a collective agreement. If this happens, the manager must follow the rules and not evade all payments due to the victim.

If the financial assistance is of a one-time nature, the manager must issue a corresponding order. It is also important to take into account that, based on Art. 217 of the Tax Code of the Russian Federation, such amounts are exempt from personal income tax if they do not exceed 4 thousand rubles.

Features of the formation of a commission to investigate industrial accidents

The commission conducting investigations into industrial accidents must consist of three or more persons with special education and the necessary skills.

The commission includes:

• representative of the occupational safety department. You can also resort to the services of an external specialist with whom an agreement is concluded;
• chairman (employer);
• representative of a trade union or any other employee association.

Situations involving severe injuries to a subject or the death of an employee are investigated by a commission, which, in addition to the indicated members, includes:

• labor inspectorate officer;
• employee of local legislative structures;
• local trade union representative;
• FSS employee.

It is not allowed to involve in the activities of the commission the subjects responsible for labor protection in the workshop where the accident occurred, as well as the immediate superiors of the injured person.

Inspection of the accident scene, interviewing witnesses

Investigation and recording of industrial accidents begins with examining the scene of the accident and talking with eyewitnesses.

It is the employer's responsibility to maintain the situation at the scene of the incident until the investigative commission begins its work. Such a requirement is fair only if the current situation does not pose a threat to the health and life of other subordinates involved in production, and does not provoke other tragedies.

Upon inspection of the specified location, a protocol is drawn up. The commission then interviews witnesses. If possible, it is also necessary to interview the victim.

• about their location;
• about the work they were doing at the time of the tragedy with a colleague;
• whether the victim has facts of violation of labor regulations, and whether this information (if any) was conveyed to the manager;
• about the behavior of the victim before, during and after the incident;
• about a personal vision of the situation.

All information received from witnesses and the victim is recorded in the protocol.

Materials needed to investigate an industrial accident

Similar materials include:

• manager's order on the formation of a commission;
• plans and photographs of the unit where the emergency occurred;
• papers describing the features of the production process in a specific workshop. Implies a description of the presence of hazardous working conditions or their absence;
• marks in the logbooks for registering briefings, as well as in the protocols for checking whether the injured person has knowledge of labor safety standards;
• interview protocols;
• medical certificates and extracts confirming the subject’s loss of ability to work, as well as, if available, documents certifying that the person was intoxicated or poisoned by chemical substances at the time of the incident;
• documents certifying the issuance of personal protective equipment to the person;
• other papers that the commission members deem appropriate in the individual circumstances of the incident.

The commission accepts the originals of the reviewed papers, and only then makes copies of them.

Time frames for investigating industrial accidents

The investigation assumes the following frequency:

• 3 days – if the consequences of the incident are expressed in minor violations of the employee’s normal health;
• up to 15 days - if the subject experiences serious health difficulties or there is death;

If the incident is hidden and management is not informed in time, the period is increased to one month.

Also, if the commission needs to obtain medical certificates, information from investigative structures and other government services, the investigation time increases. The specific period of this procedure is established by the chairman. The additional period should not exceed 15 days.

The procedure for registration and recording of industrial accidents

Each such incident is taken into account by a company representative and recorded in the register of industrial accidents.

The document reviewed reflects information about which accidents were subject to investigation and recording in a particular company.

The investigation report with copies of all papers is provided to the prosecutor's office within 3 days from the moment they are sent to the manager. The second copy of the act is kept in the company for 45 years.

After the termination issued to the person due to temporary disability, the employer notifies the labor inspectorate. This message records the consequences of the accident, as well as information about measures taken to prevent a relapse.

Thus, the procedure for investigating an industrial accident is quite complex and has many nuances. The employer is recommended to carefully study the legal basis of the issue, as well as promptly notify government agencies about the incident.

Unfortunately, organizing production is a business associated with risk. No one is immune from the occurrence of so-called accidents in these formations - incidents that disrupt any part of the functioning of the enterprise. As a result of their occurrence, as a rule, injuries occur at work. What and when went wrong according to the law must be clarified and explained. To obtain objective information about this, enterprises conduct investigations. The success of these events depends entirely on discipline and compliance with established rules regarding many nuances. Thus, specialized time frames have been established for the investigation of industrial accidents, which we are talking about in today’s article.

According to the current classification, industrial accidents are divided into the following two categories:

• lungs;
• heavy.

Whatever happens at the enterprise, if this event fits into the concept of “accident,” it must be investigated in accordance with the procedure established by law. This is about:

• various traumatic injuries;
• thermal, chemical burns;
• frostbite and other health hazards.

The investigation itself involves performing a list of the following actions within a certain time frame.

Step #1. First of all, it is necessary to inspect the place where the trouble we are interested in occurred. In addition to independent inspection, the person entrusted with the work presented is obliged to record everything he saw using devices that:

• photography;
• video recording

Step #2. It is also necessary to interview citizens - event employees who unwittingly witnessed the industrial incident of interest to you. Questions must be asked dryly and to the point, referring only to events that:

• occurred when the employee was injured;
• led to an accident.

Step #3. Separately, it is necessary to conduct a survey not only of ordinary workers and witnesses to the incident, but also of persons occupying certain leadership positions. The fact is that it is their explanations regarding various aspects of the situation (for example, problems with equipment) that can have an important impact on the further course of the investigation and determining the true causes of what happened.

Step #4. Another task of officials, in addition to the task of finding objective information about what happened, is to familiarize themselves with the documents that are stored in the organization that is the employer. The required papers must be related to the incident and at least partially explain the reasons for what happened. We are talking in particular about how safe working conditions are regulated, which must be ensured by law in production.

Step #5. The last step is to obtain an explanation from the employee who is recognized as a victim. He must describe how and when the emergency occurred, what he believes was involved, and what injuries he sustained.

Video - Industrial accidents subject to investigation and recording

Who is responsible for conducting the investigation?

According to the letter of the law, responsibility for investigating industrial accidents involving injuries rests with a specially created commission, which was appointed directly by the employer. This formation may include no less than three persons. If there was a death that resulted from the event of interest to us, a representative of the State Labor Inspectorate joins the employees of the enterprise.

In addition, the following can also take part in this event:

• injured workers;
• their legal representatives.

Time frame for investigation

How long an investigation can legally take in each case is directly related to the severity of the injuries sustained during the production process by the injured company employee.

There are two main criteria that the commission uses when determining the severity of the injuries sought. Let's look at them in the table below.

Table 1. Criteria for determining injuries as severe or minor

You can find out more about these criteria in the Order of the Ministry of Health and Social Development.

Now let's turn to the main topic that interests us today - the timing of the investigation of accidents in production conditions. Under the influence of the criteria we have already mentioned, they may be as follows.

1. For cases in which it has been determined that the harm caused to the health of an employee of the enterprise is classified as minor, the investigation period is three days from the moment of its initiation.
2. If the incident nevertheless fell into the category of incidents that entailed serious consequences, seriously worsening the health status of the citizen injured at work, the duration of the investigation can last up to 15 days from the moment it began.
3. In the event that the head of production was not notified in a timely manner about what happened at the enterprise under his supervision, the time frame provided for the investigation may be increased and amount to as much as 20 days from the day the news about the incident was received.

All of the above deadlines, if there are circumstances that make the situation out of the ordinary, can potentially be extended by an additional 15 days.

In this case, this extension must be accompanied by the manager:

• issuance of the relevant order;
• reflection within this document of the reasons that determined the need to use an additional time period.

By the way, the reasons under discussion may include the following circumstances.

1. First of all, additional time may be needed to find out the circumstances that require additional checks.
2. In some cases you may need:
   1. obtaining a medical examination (including for the surviving victim);
   2. obtaining examination data, during which, for example, work equipment that turned out to be faulty was examined, etc.
3. Thus, sometimes it is necessary to involve representatives of official government agencies, for example, police, in the investigation if a death has occurred at the enterprise. This requires additional time.
4. If the incident site is classified as difficult to reach, additional resources will also be required to get to it in the form of:
5. workers;
   1. technical equipment;
   2. money;
   3. and, of course, time.

Sometimes it happens that even an additional 15-day period is barely enough to complete all required activities.

All the deadlines listed above are required by law to be counted in calendar days. You must begin calculating the period you are interested in from the date when:

• a corresponding order was issued;
• an investigation into the incident has been initiated;
• a special commission was appointed.

Let's sum it up

The key to success when carrying out various official events carried out in production lies in compliance with specific rules. There are many guidelines and standards governing the investigation of accidents that occur in industrial environments. In particular, these include the initial determination of the timing of the investigation. In some cases they will be quite substantial, in addition, it is always possible to issue an extension, provided that the appropriate reasons are stated.